European Journal of Social Sciences Studies
ISSN: 2501-8590
ISSN-L: 2501-8590
Available on-line at: www.oapub.org/soc
doi: 10.5281/zenodo.260239
Volume 2 │ Issue 1 │ 2017
THE PARADIGM OF VIOLENCE AGAINST WOMEN IN PAKISTAN:
A CONFLICT BETWEEN LAW, CULTURE AND RELIGION
Adina Sadiqi
Independent Researcher, Pakistan
Abstract:
The issue of violence against women, deeply ingrained into the culture of Pakistan, has
recently caught the attention of the increasingly active and effective civil society in the
country. Both national and international organizations continue to work towards
alleviating the issue at large. However, a major barrier towards tackling the issue at
hand is the overlapping nature of the culture and religion that has put forth the topic of
violence against women as a taboo in the society. Religious misinterpretations alongside
cultural norms and the ineffective implementation of laws have led to a weak status of
women in Pakistan where it is difficult for women to voice their opinions or claim their
rights.
Keywords: violence against women, culture, religion
1. Introduction
The historic belief of men being physiologically stronger than women helped allocate
gender roles in societies, which granted an upper-hand to men while assigning
domestic work to women. The prevalent divisions of labour made women appear as a
weaker sex, hence subjecting them to different forms of violence, perpetuated in many
societies to this day. Transnational ideas such as human rights have attempted to tackle
such violence against women. The difficulty in implementing such western concepts,
however, is that they may tend to overstep the bounds of the eastern cultural context
and norms.
Violence against women V‚W occurs most often in the form of intimate
partner violence , which not only includes physical or sexual violence, but also the
psychological abuse inflicted upon them. This issue is not specific to any nation or state,
i
Correspondence: email adinasadiq24@gmail.com
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© 2015 – 2017 Open Access Publishing Group
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Adina Sadiq
THE PARADIGM OF VIOLENCE AGAINST WOMEN IN PAKISTAN:
A CONFLICT BETWEEN LAW, CULTURE AND RELIGION
instead is a universal concern that has been acknowledged by human rights activists
and feminists in recent years. Gender based violence (GBV) is an issue that persists
globally, and even though much work has been done to tackle this predicament, it still
exists in societies at large. It is estimated that 35% of women worldwide have
experienced physical or sexual violence at least once in their lifetime [1]. The issue of
violence against women however is predominantly prevalent in the Middle East and
North Africa, with above average levels of violence [2]. Whereas culture may be a
strong aspect of the existing high level of violence against women in the Middle East,
another factor escalating the occurrence of violence against women may be the crises
faced in the region, specifically the war in Iraq and the on-going Syrian crisis. There is
in fact evidence of families resorting to negative coping mechanisms in the Syria Crisis,
which specifically targets women and girls, including early marriages and survival sex
[2]. Caseworkers working for Oxfam in Syria noted the exploitation of Syrian women
refugees by landlords, who are offered free accommodation or money in exchange for
sexual favours. This demonstrates the vulnerability of women, especially in the femaleheaded households [2].
This research paper overviews the context of Pakistan in terms of violence
against women, and highlights the intricate link between the law, culture and religion
of the country. While law is indispensible for the deterrence of crime, it alone can not
eradicate malicious acts such as violence against women from the society. Raising
awareness to transform a society is equally important, which includes not only women
empowerment and granting women their rights, but also taking men on board by
sensitizing them against violent behaviours towards women. Apart from the
government, the civil society plays a large part in bridging the gap between legislation
and social practices of the country. Awareness regarding religion is also vital in the
context of Pakistan, as much of the religious content is misinterpreted due to the
established cultural norms that overlap with religious practices.
2. Context of Pakistan
Pakistan is the sixth most populous country in the world, with an estimated population
of 188 million and women constitute almost half the population of the country. The
country has adopted a number of key international commitments to gender equality
and women s human rights. Prominent among these are The ‛eijing Platform for
Action, the Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW), and the Millennium Declaration and the eight Millennium
Development Goals 2015 have now been replaced with the recently adopted 17 UN
Sustainable Development Goals (SDGs) 2016 to 2030. The SDGs include a commitment
to a number of social issues faced in Pakistan, including gender equality. Despite these
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A CONFLICT BETWEEN LAW, CULTURE AND RELIGION
commitments, Pakistan s ranking on gender equality remains one of the lowest in the
world.
Despite the agreement of different international treaties, Pakistan ranked 144 out
of 145 when measured for the overall gender gap in the Global Gender Gap Report
2015, and has stayed at the bottom position since 2006 [3]. What brings the country to
the lowest position is the inequality in economic participation and opportunity,
followed by a gender imbalance in the access to education and health. The country
however ranks much better when measured for the gender gap in political
empowerment, as the ratio of seats reserved in the parliament and political parties for
women has increased in the past few years. Even though the statistics provided by the
Gender Gap Report portray the poor condition of women in Pakistan, the report still
lacks information regarding violence against women, which is rather imperative in
defining the wellbeing of women.
While the culture in most rural areas of Pakistan confines women within the four
walls of the house in order to guard their safety and respect in the society, the safety of
women however is not guaranteed even when surrounded by their own family
members. There are still cases reported of violence, including rape, by family members
such as uncle, brother-in-law or father-in-law. Common practices include domestic
violence, early forced marriages, honour killings, acid attacks, and murder. As reported
by the Human Rights Commission of Pakistan, in 2014 alone, a total of 104 women were
burned in acid attacks, incidents of gas leakage and stove burning, and 837 women
were killed in the name of honour [4]. Moreover, there were 368 incidents of domestic
violence reported in the media in the same year, with husbands as the most common
perpetrators. According to the Punjab police crime statistics, in the province of Punjab
alone, there have been 1516 rape cases and 106 gang-rape cases registered just in the
first six months of 2016 [5]. The high rates of crime against women illustrate a weak
judicial system in Pakistan, despite the numerous efforts gone into the creation and
implementation of women protection bills.
According to the Punjab Gender Parity Report 2016, there has been an increase in
reporting violence against women by twenty percent each year from 2012 to 2015 [6].
An increase in reporting however does not necessarily symbolize a rise in the crime,
rather may reflect an increase in the registration of complaints due to improved access
and resources available to women and girls or through women empowerment.
Regardless of what the reason may be, the responsibility lies on the government to
improve the country s law and order situation and ensure that strict action is taken
against the offenders of violence against women in order to bring a halt to the
increasing rates of reported violence.
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3. Laws in Pakistan
There have been quite a few bills passed regarding protection of women in Pakistan.
The Pakistan Penal Code 1860 addresses a number of forms of violence against women,
including assault, rape, criminally detaining or intimidating women, and insulting
women s modesty. The Protection of Women (Criminal Laws Amendment) Act 2006
made amendments to many of the punishments of adultery introduced by the Hudood
Ordinances (Islamic laws) in 1979. This Act passed by the Pakistan parliament was
however heavily criticized for being in contradiction with the Islamic teachings. Under
the Hudood Ordinances, a woman reporting a rape case needs to provide four male
witnesses as per the law stated in the Quran, to avoid false accusations made. This
specific law was created fourteen hundred years ago, long before science and
technology gave birth to the concept of DNA. Today, DNA evidence plays a big role in
sexual assault cases to help determine the offender. The Islamic concept of providing
witnesses for rape hence needs to be moulded according to mechanisms available at
this point in time.
Other relevant laws passed include the Acid Control and Acid Crime Prevention
Act 2011, under which the use of acid to deface or hurt women was criminalised. Forced
marriages and the practice of marrying women to the Holy Quran were also
criminalised under the Prevention of Anti-Women Practices (Criminal Law
Amendment) Act 2011. Furthermore, in 2013, the Sindh Assembly passed a the
Domestic Violence (Prevention and Protection) Bill 2013, which stated punishments for
those found guilty of domestic violence against the vulnerable groups especially
women and children. Recently, the Punjab government passed the Protection of Women
against Violence Act 2016, which was widely condemned by some of the most
prominent religious leaders across the country who considered it as an anti-men law
and believed that the bill passed would lead to the weakening of the family structure
and chaos in the society.
It is hence apparent that drafting and passing a law protecting women is not the
only challenge faced in the patriarchal society of Pakistan, but the acceptance and
implementation of national laws and policies is another much greater struggle met by
the society. With a rather weak and male dominated judicial system, the issue of
violence against women has been taken up by the civil society of Pakistan in recent
years, with national and international non-governmental organizations (NGOs)
working together to alleviate the malicious practice of injustice to women caused by
violence, whether physical or psychological.
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4. Violence against Women in the Islamic Context
What makes the topic of violence against women a taboo in Pakistan is the perplexity
between its culture and religion. As an Islamic state following the Shariah law (law
according to the Quran and Sunnah of Prophet Muhammad), the country has always
struggled to provide laws favourable to the vulnerable groups, which not only includes
women but also the religious or ethnic minorities. The issue of domestic violence is
somewhat justified by quoting the Holy Quran, which includes the following statement
in Chapter 4, verse 34:
Men are in charge of women by right of what ‚llah has given one over the other and
what they spend [for maintenance] from their wealth. So righteous women are devoutly
obedient, guarding in [the husband's] absence what Allah would have them guard. But
those [wives] from whom you fear arrogance - [first] advise them; [then if they persist],
forsake them in bed; and [finally], strike them. But if they obey you [once more], seek
no means against them. Indeed, Allah is ever Exalted and Grand. (4:34)
A direct quote from the holy book of Islam leaves no room for an argument, as it is a
book believed to be unchanged since the time it was revealed and compiled fourteen
hundred years ago; a book considered to be a word from God for all Muslims to follow
till the end of time. The Quran however also commands the believer to reason with the
message it holds and to understand the true meaning behind each verse. Even though
the holy book is considered to be timeless, its revelation fourteen hundred years ago
with specific messages targeted for the people of that time makes it necessary for the
reader today to capture the symbolic meaning held in each verse.
To understand each verse in the Quran, it is necessary to first comprehend the
context in which it was revealed. Since the Quran was revealed in the Arabic language,
the translation to any other language may not be an exact depiction of the true message,
as linguistics differs to make each language unique. Thus, to apprehend the above
quoted verse, the Arabic language must be studied carefully. The phrase wadribu
hunna” in the Quran is what has been translated to strike them . The root of the
word wadribu comes from daraba , a word that has been used in a number of times
in the Quran with different meanings, varying from tap to walk in stride to strike
at something to set a clear example . ‚s stated by ‚hmed ‚li in his book ‚l-Quran: a
contemporary translation , one of the key rules of understanding words of the Quran is
to investigate their usage in other places
. The word daraba has been used in a
number of places in the Quran to mean set forth , sets up for you or makes known to
you , such as in the following verses:
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THE PARADIGM OF VIOLENCE AGAINST WOMEN IN PAKISTAN:
A CONFLICT BETWEEN LAW, CULTURE AND RELIGION
‚nd ‚llah sets forth parables for mankind... (24:35)
‚llah sets forth an example for those disbelievers... (66:10)
Interestingly, the use of the word daraba to mean hit or strike is only found in the
verse related to the treatment of wives. This hence could be regarded as a
misinterpretation of the Quran since the word otherwise has a consistent meaning
throughout the holy book. In fact, whenever the imperative verb 'idrib' (from the noun
daraba is used in the Quran to denote strike , whether idiomatically or otherwise, the
Quran always qualifies it by making it clear by stating what object to use to strike with,
and/or what part of the body or object to strike [8]. For example:
‚nd recall when Moses prayed for water for his people, so We said, Strike with your
staff the stone … 2:60
Then We inspired to Moses, Strike with your staff the sea … (26:63)
"And take in your hand a bunch [of grass] and strike with it…. (38:44)
The word daraba in verse : however does not specify what object to use to strike
with or what part of the body to strike. Religious scholars usually define it as light
tapping , but that again is a perception of the scholarly men. A detailed study of the
consistence use of the Arabic word under discussion would thus interpret the verse as
set forth an example which could mean giving a final warning to the disobedient wife,
which could ultimately lead to separation. However, if the wife comes back to being
dutiful towards her husband, the Quran asks the husband to forgo any negative
feelings towards her, which clearly encourages a forgiving attitude between spouses.
Violence of any kind, whether physical or psychological, is in no way sanctioned by
Islam. The kind treatment of wives by Prophet Muhammad is an indeed example set for
the Muslims to follow. Moreover, the Quran specifically points out at many places the
kind treatment towards wives in different circumstances, such as during their
menstrual cycles or even when divorcing them. As the holy book quotes:
…‚nd live with them women in kindness…
(4:19)
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5. Conclusion
The civil society of Pakistan has indeed played a major role in empowering women
across the country that has helped women to claim their rights and also to avoid
different types of violence against them. However, this transformation has been a fairly
lengthy process and trivial in terms of its effect due to the vast impediments that exist
in overcoming the deeply-rooted issue of violence against women in Pakistan.
Brining about a transformational change in the attitudes and beliefs of people in
Pakistan is perhaps the key to establishing equality across gender. Teaching the true
meaning of Quran could erase the misunderstandings that have subsisted in the society
since decades due to a few male religious scholars that have conveniently interpreted
the Quranic message according to their personal will and understanding. This matter
could be taken up by the dynamic civil society in the country since it has a wide
national outreach. Whereas challenging the religious scholars might draw criticism
towards the civil society, especially towards the international NGOs that in the past
have been blamed for promoting a western agenda , the struggle however may be
worth it. Reasoning with the teachings of Islam may be the solution to many of the
issues pertaining in the society that are resultant of the existing cultural norms.
Campaigns and projects carried out by the development sector can indeed bring about a
long-term effect by also incorporating the religious aspect, as the misinterpretation
stands as a big hurdle between women and their human as well as Islamic rights. This
change however is not attainable in a short span of time; rather it requires vigorous
work over time to successfully elevate the status of women in Pakistan.
It is imperative to carry out further research on Islam for interpreting Quran in
today s context Ijtihadii) and to develop a cadre of female religious scholars in the
country who can advocate for women s Islamic rights. Research funds must also be
made available to sensitize the influential figures of the society, such as religious
scholars and local leaders, who tend to be particularly authoritative in the rural areas.
The solution hence lies in a multi-thronged approach to curb violence against women.
With successful implementation of laws and a transition of the rigid cultural and
religious mindset, a change is inevitable. Collaboration between the government and
civil society is thus crucial to successfully curb violence against women from the
society.
Ensuring a safer environment for women will not only benefit the women of
Pakistan, but ultimately the economy. As the great Noble Laureate Amartya Sen argued
in his book Development as Freedom , the wellbeing of women resides in different
ii
An Islamic legal term referring to independent reasoning or original interpretation of problems not precisely
covered by the Quran, Hadith (traditions concerning the Prophet’s life and utterances), and Ijma (scholarly
consensus).
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factors including women s ownership of their rights that comes from freedom, and
freedom is not only the principal mean but also the primary end to development [9].
When this phenomenon is understood and acknowledged by the society, perhaps a
change will then be viable, and a ray of hope will emerge.
References
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0dharaba%20FM3.html.
[9] Sen, ‚martya. Women's ‚gency ‚nd Social Change. In Development As Freedom,
189-203. Oxford University Press, 2000.
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THE PARADIGM OF VIOLENCE AGAINST WOMEN IN PAKISTAN:
A CONFLICT BETWEEN LAW, CULTURE AND RELIGION
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